Value of a Brain Stem Injury in New York

The brain stem plays a crucial role in controlling essential functions necessary for survival, such as regulating breathing, heart rate, blood pressure, and consciousness. It also serves as a pathway for transmitting sensory and motor signals between the brain and the rest of the body. Brain stem injuries can range from mild to severe and can have significant implications for an individual's physical and cognitive functioning.

To get an idea of the range in value for spine injury cases, the following cases are examples. Based on these examples, the average verdict for a serious spinal injury is over $7,000,000.

Case: Gardner v. State, # 2012-018-317 (N.Y. Ct. Cl. Nov. 19, 2012)
Accident Type: Wrongful death; auto accident; premises liability
Verdict: $3,569,985

Case Summary: The decedent died in an auto accident that was determined to be the fault of the defendant for failing to properly maintain the road.

Case: In re Doe, 53 Misc. 3d 829 (N.Y. Sup. Ct. 2016)
Accident Type: Medical malpractice
Verdict: $7,100,000
Case Summary: The plaintiff filed a medical malpractice lawsuit against the doctor and hospital as a result of complications she suffered during her pregnancy and childbirth,. The plaintiff went into cardiac arrest during an unsuccessful intubation. She suffered anoxic encephalopathy resulting in brain stem, spinal cord, and respiratory system damage.

Brain stem injuries can occur in various types of accidents, each presenting unique risks and potential for severe consequences. Here are some common types of accidents that can result in brain stem injuries:

Motor Vehicle Accidents: High-speed collisions, car accidents, motorcycle crashes, or pedestrian accidents can all cause significant trauma to the head and result in brain stem injuries. The sudden impact or violent jolts can lead to the brain stem being forcefully shaken or compressed, causing damage.

Slip and Falls: Falls from heights, on slippery surfaces, or due to hazardous conditions can result in head injuries and brain stem trauma. When a person's head hits a hard surface or experiences a sudden acceleration and deceleration, it can cause damage to the brain stem.

Medical Malpractice: Surgical errors, medication errors, or improper administration of anesthesia during medical procedures can result in brain stem injuries. Any negligence or mistakes during medical treatment that affect the blood supply or oxygen to the brain can cause harm to the brain stem.

Acts of Violence: Physical assaults, domestic violence incidents, or intentional harm to the head can cause brain stem injuries. Forceful blows or trauma to the head can result in severe damage to the brain stem.

It is important to note that these are general examples, and brain stem injuries can occur in various other types of accidents as well. If you or a loved one has sustained a brain stem injury due to an accident caused by someone else's negligence, it is crucial to consult with an experienced New York personal injury lawyer who can assess your case, gather evidence, and help you pursue rightful compensation for your injuries.

When determining the value of an anoxic brain injury, two key factors come into play: the extent of the injury's impact on the victim's life and the economic damages resulting from the injury. The first crucial factor is the profound impact of the injury on the victim's life. An anoxic brain injury can result in significant cognitive impairments, memory loss, personality changes, physical limitations, and emotional distress. The severity and long-term consequences of these impairments are carefully evaluated to determine the true value of the injury. The impact on the victim's ability to perform daily activities, maintain relationships, pursue employment, and enjoy a fulfilling life are thoroughly considered. The need for ongoing medical care, rehabilitation, therapy, and assistance also plays a vital role in assessing the value of the injury.

The second important factor is the economic damages incurred as a result of the anoxic brain injury. This includes medical expenses for past and future treatments, medications, rehabilitation services, and specialized therapies. Additionally, the loss of earnings or reduced earning capacity due to the injury is taken into account. Other economic damages may include the cost of assistive devices, home modifications, and necessary long-term care.

To determine the full value of an anoxic brain injury, it is essential to consult with an experienced personal injury attorney in New York. They will carefully assess the impact of the injury on the victim's life and gather evidence to calculate the economic damages. With their expertise, they will fight for fair and just compensation that takes into account the profound consequences and economic losses associated with the anoxic brain injury.

With our compassionate approach, unwavering commitment, and expertise in personal injury law, the team at Stephen Bilkis & Associates will fight tirelessly to protect your rights and advocate for your best interests. We will work closely with medical experts, gather the necessary evidence, and provide skilled representation throughout the legal process. If you or a loved one has suffered an anoxic brain injury in New York, do not hesitate to contact an experienced personal injury attorney serving New York today at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Manhattan, Nassau County, Queens, Bronx, Brooklyn, Long Island, Staten Island, Suffolk County, and Westchester County.